A fuller answer to a treatise written by Doctor Ferne, entitluled The resolving of conscience upon this question ...

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FVLLER ANSWER

AT R ETA T I S |

Written by Dodor FE'^p^B^

E N T ITV L E D

The Ttyfohingof Conjcience upon this Queflion,

Whether upon this Supposition, or Cafe (The King will not defend,
but is bent to fubvert Religion > La&es and Liberties ) Subje&s may
with good Confciehce make rcfiftance.

Wherein the Original! frame, and Funda-

mentallsofthis Government of .E/^/W, Together with thofc
two Texts of Scripture are fufficicntly cleered. vi&%

Ro m, 13. 1.

Let every (oule befubjeB Unto the hia her powers : fir there is no power but of God,
Thf powers th*tbe>*re ordained of god.

I Pet. 2. 13.

Submit jour felves unto every Ordinance of man fir the Lords Jake, Whether U be
to the King as Supreame.

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Done by another Aw hour.

And by him revifed and enlarged by occafion of force latcPamphlets
Complaining in theName-of the City againft the Parliament.

LONDON,

Printed for lohn Bdrtlet, and are to be fold at the Signe of the Gilt- |*
Cup in Pauls Church- yard, neare to ^iuflim L»ate, 164% 3^

speciAL
coLLecxioNS

t>OUQl_AS

LibRARy

queeN's uNiveRsiT?
at kiNQsroN

kiNQSTON ONTARiO CANAOA

A

PREMONITION

To the Reader, concerning the Anchor,

andSubjedt of the TREATISE

here Anfwercd.-

Reader,

His Treatifehereanfwered, in the Title, &
Beakeofit, fetmes with the Dove to bring
an olive branch offafety to the toffedArh
of Conference ^ but dot but looke downe,and
thou fbalt fee the Vultures tallons^ carrying
a firebrand, and hovering over the dying
*& Carkajfeof "the State for a Prey : Be not like
4 Larke, dared into the nit by a fainted Hobby of fret ended
Conference : Confcienceis that new name which no man knoweg
but he that hath it> No wan can write well of it Jut he mu(t (with
Ezckiel) eate the Roll, he muft be Subject as well a* Author*
the exferient herein are only eloquent, when ( as the ^Jfofllc
(peakes ) a man is able to comfort others with the fame com-
fort wherewith he himfelfe hath been comforted of God.
Confcience is a diamond, and will be wrought on by nothing but
dufl of Diamond, fuch as contrition hath grownd it to : Other-
wife while men carry this Subject, but 4s birds dee meate to their

<_// 2 3*U#g9

pungin their beakts, not breaftt, and doe but (asScnecifitafos)
Dilcerc Schola?, non vitje, hammering, and but fuborning
Learning into doubts, not deeds , they may (with this Treatifer)
write Cafes (i.) covers of confcience, but refilve none : How
like the motion of a Puppet, the language of a Parret, is the be Ji
dtfcourfe in this fubjet? of confcience of the not intereffedman f
Jt would make D^mocricus bur ft againe with laughter, to fee
howlikean^Affe eating Thi files, loath to fw allow them for fear t
eft he prickles, aV&xlortbat is, or' t is like would be a Court Chap*
laine, aplu^alifl, to mumble this holy ThiflU ofc&nfeience^ left hi
fhould [wallow it, prickles and all : jffuch a one fee nothing aright
in this fubjeptynomarvell : Zachary will tell him the reafon, he is
Ecch.i1.17. an Idoll Shcphcard that leaves the Flocke, and then the
fword (hill be upon his rigk eye,and it fliall be utterly darkc-
ned,and the fword (hall be (jhefayes) upon his right hand too;
it is very likely this Prophefte is become the hiftory of the fe times-,
wherein the hands offuch as have been quefiionlefe deepefi in the
frefent fword: No marvellthen (I fay) iffuch a one fee nothing but
with the left eye ofprejudice, e feci ally in the alt ions of a Parlia-
ment, that hath foneerly touched him in his ftee-hold, Voted away
his Archdeaconry , it may be one er two of his Benefices , and
which is worft of all, all his hopes of having more. Qois tulerit
Gracchos i — -Qiis tam ferreus ut teneat fe 1 But to the Trca*
fife, this only by the way of caution, when you heare an Archdeacon
Salke ofconfeience, for the molt part the By as is not inthe woody it
i$ but clapt tn, to reach fome inkier marke with.

&€#

An Anfvverto a Treatise Entitukd
The ^Johing of Confcience upon this Queflion,

Whether upon fuch a fuppofition,or Cafe as is now ufual-
ly made (The King will not difchargc His truftjfcfa)

n Lowing afide the LMapftery oftheTitle, ^Author, Style of
this Treatife, as but the pin-duft of it, that gilds but intercepts
the Letter: I find tbefobftanccof it to be a groHndicfle>/>*
fojttion of the Parliaments taking up Armes, upon a barc^-
pofition of the Kings meere intention to fubvert Lawes and
Liberties 5 for fo we fee thequcftion it felfc is propofed- •
Whether upon fuch a fippofttion ?-~»The King Ml not, &c*
Here I confeffe we have much of the Chaire upon the refolving part, but as
much befide the Cufhion on the fuppofing part ; for who ever maintained that
the Parliament might upon fuch a bare fippofttion of fuch a meere intention of
the Kings,take up Armes, the adtuall invafion of Liberties, invitation and de-
tention of Delinquents from tryall by Law, to be a party in Armes againft the
Parliament, thereby to dtjfolve9or at leaft to remove it without the Houfes con-
fent, flatly againft a Law of this very Parliament, Importation of firraigne Ar-
mes and Souldiers, i/legallCommiftions to imploy them&C' all voted in Parliament
to have been done, amount to more then fuppofuions of meere intentions ; but
to paffe by this, ( as the property of the Feme, which ufcs to have a broad topt
but a narrow roete) the thing that he profecutes,t hough not propofes, is, tha*
I. Nofippofttion> or cafe can authorize Subjetts to take up Armes againft their
King; and then 2. Thatfichacafe as the pre fent Parliament pretends to have, it
bath not ; and 5 . There fire no Subjetl can take up Armes with good conference.
The beft way therefore of Anfwer, will be to clearc thefe three Proportions,
I. A ^Parliament of England may with good confcience, in defence of King,
Lawes and government cftablifht, when imminently endangered, efpccially when
Actually invaded, take up Armes without, and againft the Kings per (0 nail Com-
saands, if he refifi.

a. The finall and cafting rtfnlt of the St&tesjudgement concerning what thefe
Zaws, danger /, and mcanes of prevention are, rcfides in the mv Houfes ©f Parlia-
ment Aj. 3. la

M

5. In this fiaall Refiltthn af the States Judgement the P^ple art toYvff, and

in obedience thereto miy with good conference \ in defence ot the ^*#£> LawtdxA,
Government, bearc and #/£ Armes,
Thcf; made good, the anfwer to his feverall Se.^ions will be very eafie.
Ifanyonsthmks much I doe not anfwer the Do^Jo- in his three proofed
Reftlves upon his Que fl ion t I anfwer I am enforced co anfwer what he would fay,
for (to fay tntth)refdlving, as he doth, upon a Quefllon that never came in Que-
flion{\h2X no confidence upon fuch zfiuppofufon as was never made,canhave fafc
ground for fueh a refiftawe as was never mdermkfn,hz faye? (upon the matter) •
"nothing at all. Only ftts up an Army ingaged in a quarreUdi his owne /*»<:j, a
CMawmet ofhisowmdrejfittg, which he cudgels into the ^7<?«« he himtelfc
hath j?^ it in : He dilutes with his owne corner £ap, and is his owne ^/i
aNokes, ami fohn a Style both : much what as Mountebanks ufe to doe, who
make Wounds onely, the better to fell their playfters. And to anfwer him word
by word, as he £oes along in the Treati/e (wherein far the more gravity and
( it may be /the more to amuze and loofc the Reader, he makes the Nomina-
tive cafe in every fientence, to give the Ver%e twelve- {core at ft ar ting) would
fwell the AnJwervMo too great anaffih&ioa upon thefedifpatchfull and urgent
times. How many Heches foevcr the 'DoBor hath been about thcTreatife, it is
Well known to many, the anfwer coft not many houres the doing.

Tropofii. A Parliament of England may with good cinfeience in defince of
King^Laws and government eftahliihed, when imminently endangered, especially
when atluaUy invaded, take up Armes without, and againft the Kings perfinaU
■Commands 5 if he refefe.

Before we judge of what a Parliament can doe in England, it will be needfull
to know what kind of government this of' Englands is : We arc therefore to
know, that Englands is not a (imply fubordinative, and abfofute, but a Coordina-
tive, and /»/** Monarchy » This mixture, or Coordination is in the very Suprema*
cy of power it felfe, other wife the ^Monarchy were not »*'#/ : all Monarchiet
have a mixture, or compofition of Subordinate, and under-otficers in them, but
here the CA'lonarchy, or hi^heft power is it felfe compounded of 3 Coordinate fi-
liates, aXz*(r, and two Houfiesof Parliament ; unto this twa? power no fib-
ordinate authority may in any cafe makcre/i/lance. The rulellolds ft ill, Subordi-
nate nonpugnant, fubordivates may not ftrive ; but in this our mixt higheft po-
wer, there is no fob or din at ion, but a Coordination : and here the other rule
holds as true, Coordinaminvicemfupplenty Coordinates[\xoo\y each other. This
mixture the Kings Majefty hunfeife is often pleafed in his Declarations to ap-
pbtfd, as by a mutttall countcrpoifi each toother, fweetning andalaying what-
<$>#.?. c\er sharOa in either. The freatifcr himfelfe doth no leffc, calling it, Tto

excellent tew per of 'the three £ ft ates in Parliament, confeffing them {there) to
be the Fundamentals of this government, and if Fundamentals, what fubordinati-
.ons (I p. ay) can there be in them ? Fundamentals admit not of higher and
ieVP£r9 all foundations are principall alike: And I cannot bat wonder that that

pofi-

m

yobticnofthz O&fewJter, the King is V nivtrfis mimr .. fhculd be by this Ri~

r and others io much exploded, for if the temper (as he fpeakes) of this Setl. 6,
CJozernmentbe of three E flares, he need not buy the Almanack. ( he fpeakes of) '
to reckon by, that one is lejfe then three.

But youl fay, what ? is not the P Parliament fub ordinate to the King ? are tbey
not all Subh-tls ? I anfvver ; The Parliament cannot be faid properly to be a S#6p
seel , becaufi the King is a part, and (o bee should bzfubieEi to himfelfe : no,
nor are the two Houfes without him Subietls ; every member JeorJIm, taken fe-
derally, is zSubietl, but all collefiim in their Hohfes are not, nay, "Brathn the Rexhibetfupe*
great Lawyer is fo bold, as to fay, The King hath above him, befides Cjod, the riot em,, X>eum-
Law, thereby he is made King, likevoife his Court of Earles and Barons, &L£,fcllicet> *tem
But we need not goe lb high, it will ferve our tunic, if the Houfes be in this ^P*^? j**
mixture or temper of Cjovsmement, naifubordinate or fubietl, then, if they dp item Curiam***
as Coordinates Ihould , fapply each others failing?., no higheft power is i¥*yteni, «!?.£•*
JiftesL. mites >Baron9S9

But you'l fay, how can they which are every one apart Subietls , not be all &c' *°l* H a*
Subietls in their Houfes} Doth the Kings Writ unfubietl them ? No, it was
ther<7«/fw/ofbothiCi»^and people, in the tirit coalition or conflitution of the
governement',t\i2X makes them in their feverall Houfes coordinate with his ^/4-
iV/?j, not fubordinate to him, how elfe were the Monarchy mixt more then that
ofTurkie .? But doth not the i^i#gj #>>/> make them a Parliament} It doth
ordinarily, inaBuexercito, b\xt in atlufignato, it is the fonftitution of the </<?-
vernement d+fignes them to it, and accordingly provides for it in an annually or
now triennuall viciffitude; where note by the way, that whereas ,it is often
urged, that they are but huQounceU, to be called by * him ; it is true, that office
is crdinarily betrufledto him, but they are by the rtr£t conslkution not to be ele- * * t .
ftedhyhiin, but afflgned to him, not njfumed (asCyW^hisundcr-officcrs, of /^ fabdito-
Jethro's advice ) not only the Kings, but the Kingdomes Councell% elecledby it, ru.n —.Rex t&+-
net him, and have not only a power of con faking, but of 'confenting : the Writ luenftueft.-,
for the Houfe of Commons is ad faciendum, & confentiendum, however, we For ^ \z-
know they mufl: confent before it can be a Law, whereby it fufficiently ap- ^ h^Tfe*
peares, they are a coordinative part in the Monarchy, ox higheft principle of pow- fiatemdpopulo
er, in as much as they beare a confenting (hare in the higheft office of it, the ma* eftuxan ipfo
king of Lames. hzbet, quarto*

But you'l fay,, can there be more then one higheft f No, there is but one, but i"** " potefla*
that one is a mixt one, elfe the Monarchy were not mixt. %o faniTrll

But you'l fiy, how doth it 3ppenrc that the conflitution of this governement Fai.t^b.
is fuch ? I aniwer ( befides his Majtfties above mentioned confeflion, and the And yec a*
Houfes (Hare in the higheft orHce of governcment, that of making Laws ) by g^e,
the mutmMOatks the King and people are to take to mainraine the Lawss Frtn^a
that have fo conflicted it. * Fortefcue is herein full and home, (i) The Kingis^J^T/^
tovoverne hi* people by no other then that kind of power which flows to him ft '-om poBuico)mpo--
their eonjent^ and that u apotliticaU not regailpwcr, Ng w he that kno wes any p ulo dmmm?»

thing

U)

thtn^ of Greek, loowes the word PoUiticall implyes a mUt Trincyat Specially
When opposed co re gall.

But y ou'l fa y ( with the Treatifer) the -K7*£ is King befire fee takes his Oath,
,'Tts true, hut he is King out upon the fame truft which his Tredecejfours (in
whufe ri eh the folio wes) /wire to ; and the O^ which the Z<*»» provides
for the .Kj*jr and his Predecejfours to take, virtually binds him even before he
*takc it , while he holds the Kingdome, but in the right of fuceejfion , for
the fame £*# that conveyes upon him the Crow ft in right of fucceffton, charges
upon him the taking of the fame O ith his Predectjfours have done,from whom
by that Law he claioaes the frowne ; in that refpeci it is, that the King is faid
in La ft not to die, but demife, becaufe they all (till live in him.

But youl fay, 'Tis hard to apprehend how the fame m?n that arc all Subie&s
fcverally, thould in their hoafes not befubiet~lyh\i\ coordinate with the King ?
It may appcare cafily thus: a Father and a Sonne are by a deed ofenfiement joynt-
ly entruftcd with eertainc Lands to ufes, the Sonne is ftiUfubordwate to the Fa-
ther as Sonne ; but as Feofee, in the truft, he is not fubietl out coordinate and
joynt with him. And therforc it is not a little to be wondered ar, that fo many
cfpcially of the Lords, who are (fonciliarij natijtornc QounceHeurs to the Statey\x\
whom their (hares both of truft and interest in this Supremacy of power in Par-
liament, the very conftitution it f -lfc of the government hath invested their very
blood with, ftiould be fo much wanting to themfelves9 their pofterities and it, as
upon a bare Vthifite to defcrt r/w truft and «*«•*/? in the governcmerat, whicb
' their Fathers with fo much of their care convey'd upon them, and fo much of
their £/<?Wprcferv'd for them; Their very (He Comites and P feres imply in
Parliament a coordinativt Society with his Maiefty in thej^ztfrww/tf ; they arc
in Parliament his Comites% his /V^\f. I know 'tis ftrongly alleadged that they
could not ftay with [aftty for routs and tumults: I mud confeffe 'tis much to be
wifh'd there had been nonejbut the Houfes alleadge againe,they hindred them
what they could, and there was no Z^topunifhthem , fpcciaUy comming
but as Petitioners, and that his Ma jetties feare was fo little from them, that the
morrow after the greateft of them, be went into London with an ordinary re-
tinue ; and that moft of the Lords departed not, till long after all was quiet ;
what had become oflfrael, ifMofes had left his charge upon every tumult .?But
of tli is but by the way.

The world hath been long abus'd by Court-Preachers (fuch may be as this
Doftor) fa ft crying up the file Divinity of Monarchy in gcncrall, and then
(what muft follow) the abfelutenejfc of this in the Kings file Perfon. No mar*
A3. 1 9. • 1* \ct\3—idjibi negoti — by this craft they got their living. Now they doc (with this
Refilver) begin to fore- fee and ackno wledgc,that it Monarchy were ofmoraU
zn&Jpcciatlinftitution from God, it would at oncccondcmne all other formes
of government of rejecting a divinely morall, and therefore univerfall inftitmi-
on, *nd make this Monarchy as unlimited 'as any other; for what limits or after*
jfroundscxn mmictto gods{pecid\iuftitttt*e»& That there be isx all S$cmies of

mep

(5)

A cn]z£ovirifem*nt (capable of it's end, fiftty) isoutofqueftion God< inslttti-
ti§n and merall ; butthatthisgovernementbefo,or fo moulded, qualified and
limited, is as quettionlctle from the paffion or confent of the Society to be go-
TCrn'd, Hancpoteslatema populoefluxamRexhabet (as Fortefcue before) the foUi^ll
qualification of the power is an ^/* of the peoples confent ■, as the power it
fclfc (as the Do&or tels us) an eflux of Gods Providence ; and to fay truth, he Sc"l*
hinifdfe aci nowlcdges as much, confefling, That no particular firme of govern- ....
ment \s,jure divino, it muft be then humano fure, from the peoples confent.

It was but a while (ince good Pulpit- fluff \v ith four t- Do tiers, That fafety be-
ing the end of government >and the King only by God file ly entrufted wUh it, he Was
not bound by or to any humane Lawes i* the managing it to that it's end ; he Was
to ufe Whatever the refult of his owne judgement concluded ft and conducing there-
untoy nay he Was not bound to keepe any Oath he took* to the people to be rul'd therm
by Law ; there could be no commutative juftice betweene him and them, only di-
ftributivcyrflzw him to them, fi that all they had Was h^,to the very parings of their
nayles, hu Oath Was butapeece of his Coronation (how, he might take it to day
and breake it to morrow Without perjury, becaufe he was under a former and higher
obligation f* God (by~WhomonlyheWastru{\cd, ana to Whom only accountable^)
to ufe whatever meanes hefhouldthinke condn ing to the end fir which he had it on-
ly from god : that the Sa\u$popu\i committed n^\y by god, aid (6\z\y to Him,
was a Law between god and himocAv, be.dre aM other Laws, ani therfore thefe
muft not hinder him in the difcharge of that to god by any means, w.ich he
Jhould find in his owne judgement conducing t her unto, the Qathes fitult (not his)
was in being taken, not broken. And to this purpose the whole body of the
Cannon Law was mcrcilefly rackjl and r^^V into, for rules mi fcrably mrf-ap-
plyed,3S A turpi voto mum decretum, Quedincaute vovifli nefeceris,znd Non per- ^utdemo 't1
ficienda promiffio fed p&niter>da prafumptio, &o yea and feme feeming Scrip- v,,w thcpro-
f#r« fhamcfully fuborn'd too, as that of Davids conk (Hon, ag^ir; ft thee only ihi(c is not to
have J finned* fpoken, only In refpetf: of the fecrecy of his finne, and therefore 0i performed
'tisacHed, and done t hi* ev ill in thy fight, or becaufe fin ne is properly againfl: uc rbc Prc-
noncbut Got, being a tranfgreffion of his Law. As if the King tho' he be, ^"^^■f co
cuftosutriuf^tabuU, Keeper o\ both 1 ables, yet were bound to k*ep only the ,

flrtr, he owes no duty to man at all ? And againe, that other of Davids p*aifi9
My Lord the King is as an An^ell of light ; now tsfnoels are accountable to
Cjod oneiyy not men ; and therefore the Oath the King takes t is (forfioih )
fiot to men but god ; ( whereas "Divinity tels us the formall difference be-
tweene an Oath nd a Vow, is, that a Vow is to God, an Oath is by God,wher-
in there are 3 paries dill, Whoy by Whom and to whom 'belike then,if hefweare
to God, the people are the party by whom he fwearcs : Nay, our owne Dialett
will tell us, That the King is our liege Lord, as well as we his liege peopk,
that is (js the word (ignihes) mutually bounden each to other.) All this and
much more of this'Demetrian divinity was ordinarily preacri'dby thefe (fourt Ads \$.i^%
£arewiggsy and all upon this crrour that the Doctor refilves on, that the file

B Supreme

(6)

tuprewacj cf power was in the Kings Perfin, and that his judgement was the
pie fupreamer#/<? of that power. But wc go on,

Now the end or purpofe of this mixture of the 3 Eflates in this government,
'tis the fifty of titjfyhj) as all governement ay mes at fafitj, fo this temper "m
it at the making this fifitj moxcfkfi or furc:The common intcreft of the whole
body of the Kmgdcrne in Parliament, thus twifted with the Kings, makes the
fable of its Anker of fafitj ftronger : So then, the govrnment by Law its rule,
' untofafetj 11$ end, is ordinarily betrufted to the King, wherein, if he faileand
refuie, either to follow the rule Law, or to its endizfety, his coordinates in this
mixture of the fuprearne power muft according to their truft fupplj. But
you'lfay, there is no Written or fundament all Law for this. I anlwer (to
fpcake properly) if it be Written it is fuperftruttive and not fundamentally Written
Lawes,that were not Lawes before Written., are repealeableand alterable, even
while the government remaines the fame, fundamentals cannot : a foundation
muft not be ftirrM while the building ftands ; That of Mama Charm, where
nioftof thek fundamentals art (at Icaft) implyed was Law b fore 'twas Written,
and but there, and then, collected foreafierconfervation andufe; but if we
would know what is meant by thofe fUndamentall Lawes of this Kingdom, fo
much jeer'd at in this and other Pamphlets ; it fs that original frame of this co-
ordinate government oft he 3 Eslates\n Parliament conjentedxo, and contrived
by the people inyits hrft conftiiution^nA lince in every feverall raignc confirmed
both by mutuwll Oathes between Ring and people, and conftant cufiome time
(as we fay) out ofmind^ which with us amounts to a Law, wherein the rule is,
fHuodnon disprobatur pr&fumitur, it cannot be difprov'd from taking place up-
on all occafions, therefore it is to beprefum'd to have confined from the bc-

(i.) An efh- grinning even in the Parliament Summons of Edward 1. This Law iscal'd, Lex

bhihd and 5 /■#•-• -/r l l j

ko/wn Law. fia^tta> & nmfjima, even before it was a record.

Now as this mixture, the mean unto this fuller fafitj, dies not, 'tis not ferfi-
nail out incorporate, and Corporations (the Law fayes) die not, fo, that Reafin or
Wifdome of Stat* that RrCt cent riv'd it dies not neither, it lives ftili in that
which the law calls the Reafin of the Kingdome, the Votes md Ordinances of
Parliament, which being the fame (in the conftruclion of the Law) with that
which hYft contrh'd the government, muft needs have ftill power to applj this
coordination of 'the government to its endfafetj, as well as it had at firft to intro-
duce it ; othcrwifc it fhould not flill continue in the office of a meane to its end.

Herejn our prefent cafe the neceffity of apply ing this coordination or mixture
cfthe government is imminence of danger, 'which (if any man will make him-
felfe fo very a ftrangcr at home and to all the world befides) as to deny it, the
matter h not great, 'tis coram nonjndke, it has another competent and entrur
fted judge , the two Houfes ( wherein the Law makes the Reafin of the Kingdom
to refide ) who have by Vote concluded it ; Nay the Kings UWaie&y himfelfe
acknowledges .imminence of danger \n hhJVrit cf Summons, Mandamus quod
confideraw diUorum vegetwum arduitate^ & ferifutemmintntibus, imminent

dangers^

(7)

danters : where, ( by the way) we may take notice, that his Ma/cfty is by the
above-mentioned fundamentalizm to cM* Parliament when there flull be
any imminent danger,

■> Well, in this imminent danger of the State, the mcane thought fit by this the
Kingdomes reafin to this end its fifity, is, the fecurin| of its CMihfia : ( the
feeds of Reformation are to be fownej and no man but mak^s hisfince before he
fowes his feed ; the State is in its uniqund and rotten parts to be lanc'd, it may
bedifmembred, and who will goe about inch a cure, but he will firft bind the
patient.) J nthis,thc ordinary way is taken,by a'^i//offjrcd the King9bc refufes
to pane it ; I know 'twill be hid, he never refufed to pafTe it : 1 1 cannot be de-
ni'd bat that he rcftifed to pafle it according to the advice of the Honfes, which
is ( fayes the Law ) the fame ever-living reafin of the State that firft advis'd the
government, and muftftillWwy* the way of applying fc But doth not this
you'i fiy deny the King his negative voice in nuking Law ? Noe This r<?/<? or
Or^4»^ofchetwoHoufiS,'tisnotan^^ofParliament,or Law; 'tis but an
occafionall fupply of this coordination of the gpvcrnmcnt(in cafe of one parts re-
f ufall)leaft the whole (hould rriine,and to continue but untill a £49 may be had.

But yoa'l fay, how, and where doth this Reafin of the State thus rdiding in
the Votes of Parliamentjlive in the intervals of Parliament. I anfwer, virtually
it lives to the needs of the State, in- the prefent Laws, the births of thofe Votes,
potentially in Parliaments to be call'd when there is need,it being but eccafionall,
needs no continued affcuall exigence.

Well, hereupon the ordinary way of Bill failing, the Homes rmift not defert
their truft, but apply it that way which by the firft confutation of the govern-
ment in fuch cafe is left them,thatis, by their Votes and Ordinances, wherein
( as before) the fame Reafin of the State {till lives to purfue its fifity. The King
ftili perfiftsin his refufalUnd indeed of pafling a *BVl for this fecured LMi/itia,
raifesan v4rwjK againft their Ordinance for it, claiming the trap thereof to be-
long to him ; they deny it not, fo he difcharge it by this entruftcd Reafin of the
Kingdom,tbe advice of Parliament. He will doe it,but it /hallos by the advice
of them againft whom it is to be fecured, whom the Parliament has voted
enemies of the State,and againft whom eipecially it was firft called: Now 'tis
a rule in Law, Interefl reipnblka nefita re quistmle utatttr, No man miy ufe his '
own right to the Common -wealths wrong or damnage ; \hs..Low provides,that
a man bttrne not 'his own Come, ' drowne. not his own Land j nay, that a man bind
not himfelfifrom 'JMarriage, or the monstrance or tillage of his own Land, becaufe
againft the good of the Common-wealth.

~Well,the %Kin^ in (teed of apply ing this truft of the Militia ( ordinarily his )
againft thefe voted enemies of the Common-wealths, gathers thofe very enemies
into an Army againft the "Parliament, that had voted them fuch, or which is all
one, the over-voting party therein ; 'tis certaine the Law allowes not the King
without content of Parliament to raife an Army, 'tis as certaine thefe men thus
in Amies, tho' rais'd by his Perfi nail command, are enemies to him in his/w/i-
tkkcapacity as King, becaufe they are in Armes againft Law, and fo againft the
Kingdom,^ fo againft him as King;y/ho (tho' in place he be) cannot in Law

B 2 be

» (8)

bedevidedfrom his Kingdom or Parliament, no more then the head ran from
the body ; nay, they arc not only in Armes agiinft Law (i.) v hhour its au-
thority, but againft tbc very being of it which depends on Parliament. What
fhallthe two other Eftatesdoe? nothing but an Army is left whereby to re-
pi effethde enemies cf iCw^and Kingdoms, the third Efiate, the King, isfj
fane from joyning to raifc an aArmy to that purpofe, as he invites and dc-
taincs thefe enemies of the Kingdoms from its juftice : What, but ufcthat
power in Armes, which the government in fiich cife of the Kings refufall hath en-
tr lifted 'them with to its prejervm ion, efprcially when 'tis but for the apprehen-
ding of fuch enemies to it, as (befides their voted delinquency by the Smtes
judgement) are furricicntly convine'd by their own flight from its juftice ^
quifuget Legem fatetur facinvu, fl ght argues guilt alwayes. Every Court in its
capacity, has power to apprehend and bring Delinquents to the juftice of it, and
that by force, and if need be, by arming the pojfe comimtus to enforce it, and
why not the Parliament the regall Court* the pop Regni? An attempt to kill a
Judqe on the Bench, the Lapp makes treafon, and why ? but becaufc 'tis in his
£>«mran<I Courts, that the King fpecially raignes, 'tis in them his Crowne and
dignity is more fpecially impeactid. But you'l fay, 'tis the King makes it a
'Parliament) and he is not there.

To which 1 anfwer, in a coordinate and mixt government, oncpartsrcfufall
exempts not the o:her from its duty, nor mutt it defraud the whole of its fafi-
ty ; fo, it (hould fiuftrate the very end of that its coordination, which is ( as wc
have fcene ) fupply, for the more fecurity of its fafety.

Next, at all times the Houfes arc apart in the fupremicy of power ,and in cafe
of the other parts abfence and refuftll both, virtually *he Vpho/e, but more fpe-
cially at this time, now the King hath bound himfelfe by Law not to difo/ve
them without their con/ent :- for however many ftile them now in the Kings
abfence no Tarliament at all, and his Majefties own Paper shwe feme cxpre£.
fes tending that way , yet IW'U'J faine know, whether there be now actually
in Sn^landx Parliament or no?iftherc be not,how came it diftalvcd? the King
i hath bound himfelfe tfrom being sble to dijfolve it without their confent, they
cannot without his, neither con/ent hath been obtain' d : Legally difMvs it he
cannot by his removal), for, then he fhould be a' le to doe more by his ahfence
then he can by his power, he fhould be able to k*rpe and brtake his Law at once,
for the At~i is ag linft removall without confent as well as dijfolution : and ille-
gally diftofoe t he cannot, iff..* diftofo'd, it would rcmaine zlegall Parliament
ft ill, an iniury cannot takeaway aright. Well then, a Parliament it ft ill re-
mains in his afeieh.ee, and if a Parliament, why ftiould it not havethe/><>wr
of a Parliament ?a Parliamentary power is the infeprable adiuntl of a Tarlizment z
why not able then, in order to the end of a 'Parliamsnt his an J itsprefervation^
ancUhcrehi qfthe^hoJe, to apply the power ofthat Whole wherewith it is
emrufiid f why fhould the Who le be fruftrated of itsjafity , the end it firft coordi*
ted, md thereby fitted the government to, by one part ofthat governments refu-
fail/vvhen the other part is willing ? fpecially when that one part haihbotii id it

fdfc

(9)
felfecut fitmlifrcfririg the others willingneffc, willingnefTc to preferve the
Whole, an^l in the Whole that unwilling part tco : how ever this Rejolver flight
the Obfervators Argument drawn from the higheft end of government she pto-
pUsfafety, he cannot deny but that the rule holds al way es, finis quo ult'matior
geinflHXHfotentior, the higheft end hath xht ftrongeft influence, tothat ««/ftill
all other [ubordinase ends Hand but in the office oimeanes, and this that vtry Text
the Rcfolzerio much clings to, evinces, where the higher power u call' da Mi- R°m.iJ.
nifterfir thy good, 1 he pcopk s ^^ is the higheB end vi the higheft pcwery and
therefore that which gives effence and denomination to that /><?>w according to
thofer*/*/ in nature, Finis habet r^tienem firm* in moralibw, the *W hath the
fljjfo of the fir me in nor alls, and Forma dat nomen & effe, the jfom* gives deno-
mination and effence both, the tfW then being tho' laft in the execution yet fnft
in the intention of the efficient, muft needs qualifie and regulate the Wor^.

Yes, a fine way you'l fay of preferving the Kingby fighting againft him ; na
fuch matter, the King hath a double capacity , politickjnd naturall, in his politick^
capAciijzsKing, in nghting for the preformation of the Z<W and Kingdoms
they fight for him, what .KVarg could he be without a Kingdom* to governe,2nd
X4w to govcrne it by ? in that therefore the L*v> tells us, he cannot be fevered
from his K ingdom, or Parliament its reprefentative body ( tho* never fb farre in
Perfbn diftant from it) And in his natural capacity, as a man, they fight not z-
gainft him in that neither, they humbly beggc his £fcr pretence with them,
at lead: his withdrawing from his, and their enemies ; nay, they fight for hirn
this way too, we never reade of a King once unking d but he is quickly unmand
too, they fight todifingageandunthrall his Perfon from t fat unfafe and un-
worthy imploy ment thofe enemies. to him and his Kingdom put it to, in making
ita)Ww,a Ireaft workey but a mudd-wall to their orvndangers, which they fcare
from his oyon Laws : for however his Majefty may be perfwaded by them, 'tis
hhcaufe has engaged them,(moft ofthem)'tis their own guilt 2nd danger that
hath engaged t em> and engaged them to engage him : and although in their mu-
tuzM engagements, they may thinkeithers turne fcrved, it may be neither fum>
ciently knows who fleers their courfe,what depth of water they */rrfw;ccrtain-
ly,he that locks on the coniuntlures of the late affaires of this and the neighbour;
^ta^/ .cannot but belccvc(trto' unknown to his Ma;efty, and it may be many a-
bout him ) that thefc Ung-ffoonts to feed with the Devill with, ( as one cals.
thtm)thc lefuiieshoxh at home and abroad throughout u;oft parts of Chnfun-
doir.e ha\- (rhoJ at a di(bnce)thejSir/? and higheft;znd iher fore flrongeft influence-
into bis Mauftits prefent comcels, baytmg their unfeen hooks with his and his
Armies interests. tmkinu them but to pullat thcOare while thofe//- at th^ftern;
his Tv4. j is almc( may be)is to bring his Crovrn out ofwardjhip, (as Lewis 1 1 „
of France bragged of his) his Army's (may be) many of them but at keeping
their n ckso it of the haltnr, but the fe rBafilisks(ihat kill with their eye sit di-
(tancr)!o jke further,and have their, ends mingled wkh,and Upt up in thefeaipori
Religion snd the State both;. /

2. Thefinatl andcafting refult of thid States judgement, concerning rr hat tho fk Pfopoftticm

B 3 LawSy

fio)

:.V -V- tw , HW^of T*rH*mm making a «»«**« part, what is

SSfcS ?VSfiK th= , arc the Kings ^ Sum*, but what only *

rh> ( rh-',a.nV;onkffxhe, andnat we were to cleft them, who chu-

S ifi»' inwhaw AsAft *«?ftHUivcsaswa Ctrporano* (as the
? iwddin m ) ml djes not i For tk« Doftor d,.rcs not fy«k >«, .when
h SS *S r^byconqaeft tothe. Kingdome .• C»^ G con-
r£\ ™* -ivefuch a ri*ht as •*£&«■* ufc to take in houfes they can matter.

radghtoftLrc, butuoW of right ; how not ong .gd^,

^.SSJSySSl » Were a Land inhabited by W*fr* JJ*
S "«W ™ght give a right.becaufe none could cla.me any other _5 but :*.
Sg J-capabW andinveftedinarirfe, there was "e« ^thf J»
w««of-&Mt»*ofaw?fe, firftitmmd conftnt, and even w th* ot £*w
Sereisar^Mtoat'nolycd, the condition » (therein) contented to,
nn both fides and whn ford»r< can therebe where there was never any w-
S£S lSS» ™ Scate a fi* wh« there was none be ore c gg-
JJ may make f6« 7** as **/SAw and Arbitrary as the Conqueror pleatej,
fL vA t (hould to , where there needs no »»/?» or www*, and then, why
f0r;n Teh foonet a Kin- in a limited Monarchy (as this is) make him-

i: no conqueftmavrV^a right, forfeiture may /.* a right us content
S'y that aS^/Sff or *n* a right, And tcannot tor PJ* hjwW J
f,fl A" this 2?^W abufes his MajeSty herein : A Tale he has ( h- Uyes; oy
* * writ- bathemuftnotr***y*; aX^n^*, and yet h c mmt not
S as A«^«r ; what arrange T& is this that makes h. ma KJ&but
gives him not any So* ? And how uqwrv* .do: .be 'h«i 0 JabourW
make the King to his Mj as well as «* Ufi n| g^I ^ gas a
he wrong his inheritance that fubfcnb«and>^« to alimtca i me,
free one the while to hold by -* . , „ #w^,

^ Well a power dEconfi^mg is of all hands agreed on to be in tb. «* « V .
^faculty of £,«*^i "not in difference, theqneftion is ^u^theJD^
SSSdf /-*• *"*, the Law is the mk, and cannot be framed Without
[iZTeeEnL, batwtomuft^thUr^by givingltthefogmdc^
fSfrrilmhk* if j lence ? without which the Wish* the «'-'*»«
ScferX is the *W of the Law , fuch a p*rr or/^j the re muft be in e
vzryh^Wg'vernmm, after all A«« to give Lawes their fence, beyona

(n)

ill firther ' debatement, etherwife, there would be a Precepts in infinitum, de-
batement It ill updn debatement, and as w/«rr avoyds infinitudes, fj the La> ?«-
conyemences, even above miftbiefs : and 'twere a defccT or no kfle then infinite
inconvenience to the end of the Law, Government : if this deafive faculty
after the debative hath pTled upon the fence of the Law,were not ieme where
resident in the governement, Perfetlum eft cni nihil quod convenit deeft, and
'tis a monfter in Nature, , quod deficit neceforijs, That is firjett ftohfth Wants
not what is convenient, that amonfter inNature^hich k defective in Vphatitne-
ceffarj. And where" fhould this faculty reiide, but in the tWo Houfes ? in
whole Votes the Law it fclfe places that very fame fpecinckr^» of the king-
dome, that at fcR contrived and dill animates the Government; and which e-
ver (ince contrives the very Laws themfehes to be declared, ( every one aboun- t
ding my ft in his owne fence ; ) which thus we prove.

1 Ins Principle which all debates about the fence of the Law are to be refilvei
into Without forrier debatement, muft be either the Records tbemfelves, or the
est or the King, or Houfes of Parliament : Not I. The Records, for
thats the peculiar Priviledg of Gods word to be autocritica.il> its own laftiudge,
and even therdn too, tis he who was the flrft contriver, that is,the laft Interne-
fcr:God only could fore- fee from the beginning, what doubts may arife about
the meaning ©f any part of his Records ^and therfore he only can fepply debt thofe
with feme other part therof to interpret them-^zns Laws are therfore dill liable
to repealer & difpenfitiens, becauk the makers could not fore- fee how unfit they
might prove for after timcs5& even then thofe repeals & difpenfationr given the
are*(in conduction of Law)no other then interpretative {till , it is interpreted that
had their firft makers of the lived to fee their unfitncs,they would have confen-
ted to thofe their repeals and difpenfationr;thc Records then may be helps to their
Interpreters, not the Interpreters, becaufe 'tis they that are to bee interpre-
ted, they are the rule, they cannot be the hand too, to apply it ; though pen-
ned with never fo much care, time will weare them into a capacity (at leaflj
of different fences to different underftandings, and a different or double fence
cannot be this higheft principle ofreflution, there can be but one highefl.

Why not the Judges then ? They take folemne Oathes to interpret Law aright;
true, yet we fee their interpretations .\\\d Oathes to fall under further debatement
ftill,^ witneiTe (befides many other) the late cafe ol Sh'.p-money ^ the Oath they
take'tistorhei^, and therefore that by its reafon redding in the Votes oF
Parliament, is to yid%c how truely they have kept it. It comes then to fall
betweene the King and Parliament, whxh [hall have*'/ ? both cannot, if de-
cided, as now they are (at leaft personally) and the principle ofultimat refolu-
tion cannot be a divided one, for then it cannot refolve.

But you'liay the principle of making Law is King and ^Parliament ioyntlyi
True,*!»j«^//, a joynt principle it maybe, but not a dhi Jed one. But youT fay3
If Lawes cannot when the priaciple is divided be made, nor muft the? in fuch
a cafe be declared ? I anfwer there is more need of declaring old La wes then of
nmkingnew, a State m3y be governed by the old ones without new ; but norby
the old ones without this finall refolution of their ienfe, they are of no ofc W*7A-

(n)

out it, the making of Law, is a ftanding permanent Aft infaftoi'donc at once]
the applying them by their interpretations, atranfient one, in fieri alwayes a
dowrr. Bat yoa'l fay then, if this declarative power be fo ncceflary, ancMb ne-
ceflfrily in the Houfes, how fhjll we doe in the intervals of Parliaments ? I an-
fwer the iudgementscti infer iour Courts mad ftay further debates untill a Parlia-
ment be had to try thofe lodgements by, which therefore fhould ( by Law) be
once zjearc (aticafh) Well then, if this lift catting principle be foneceffary,
and cannot be a dividedone, why not the King ? he cannot in himfelfe be de-
cided, the Parliament may ? I anfwer, firft, though the Members be devi-
ded, the maiorpart that carry the Vote cannot be : Next, this \ principles it is
thus necefary , fo it muft be a competent one too, and that requires two things,
ability and fidelity; ability to know what he is to judge, and fidelity to judge
but whatheknowes aright; formatter of ability to take cognizance of the
caufeby; His Ma y&y often profeffes himfelfe no Lawyer; therefore, in Law
he judges not but by his Courts, in the meaneft of which the fentence pad
ftands good in Law, though the King by Proclamation or in 'Terfon (hould
©ppofeit : whereas there is nothing more frequent or proper to Parliaments
then tareverfe any of their iudjremeuts: But the King (you'l fay) has promifes

Proviso, ofaffiftanccfrorn gWhimfelfeto enable him herein, A divine fentence u in the -

i S3m.z9.fi. W0Hth of the King,\andhis lips /hail not tranftrejfe in iudjment ; and againc, my
Lord the K ing u as an Angell ofCjod to difcerne betweene good and evill ; tru ?,fu ch
Scriptures! know have bin taught to fpcake what Kings can doe in ftead of
what Kings fhould doe, but ihefe are no promifes but precepts, at leaft but particu-

Bafil&n. fa prayfes of one, no generali chymes of all Kings, nav one of the wifeft Kings
(aodourstoo) experimentally confeffes, That With K ings't Is fo much the m^re
hard to doe right, by how much 'tisfo eafie to dee Wrong ; and indeed what would
fuch apowerbekiT;rhen^/'m*r;, if what ho pfc*y* to declare to be fo, mpft
be Law, fo, what vaine things would Parliaments be, what Wild things Kings,
and what referable things Subjects ? But in point of fidelity, why not the King
fttfhet then the Parliament? Why may there not be a factious, packt or enfla-
ved Parliament , as well as a wiifull, flattered5abafed King ? Yes I confeflfe 'tis
poflible, but nothing fo likely, and it behoves the wifdomeof a Government,
where nothing can be contrived zgdMipoffibilhy of mifcarnagctofecure what

Seft r ^av be againft probability : So much the Refolver acknowledges, Wee canwt

(he faies ) expeH abfclute meanes offtfety in a Smte,bmfuch as Are mofi reafonabUi
now experience (hews rhat mod mens actions arc fwayed (moftwhat) by
their endsznd interefts; thofe of Kings (for the mod part) as abfolutenejfe of rule,
enlargement of Revenue by Monopolies, Patents, &c. are altogether incompati-
ble and croffocentred to thofe of Sub jects, as Property, ^riviledge, &c With
which the Parliaments .either ends or interefts cannot thus dafh and interfer, the
Members are all Sub je&s themf ;lves, not only entrusledWith, but felk intereft-
ed in thofe very priviiedges and propertied ; befides they xeniany, and fo th ey not
only fee more,but are lefle fveayable ;as not eafilv reducible to one head of private
intereft-but by a neer equality of ^krfyou*! fay)in Parliament it may come to an
if^man tocaftby,and then the whole truft and t*wn£both,lics in him wholy.

no

lanfwcr, nofuch m&tterjtltim*m Stilriciditw none*' a*rk Clef fair am
'the laft odic (and doth not make the hourcglafle t mptj more then any of the
reft it doth but tell us when 'tisfw/fjluppofe 200. of one fide and 101 . of
the other, the odds is carry ed by the one but the vote by the whole 20 1 . the
odde one tells us 'tis the major fart but tis ^the reft that make it (o : fo that
wc have (however) the jmdjrenu nts trvft and intereft of 20 1 . cbofen men en-
gaged in the equity and fitneflc of the Vote: this is it that great Father of the F§yttf.cafA^
Law, fo much magnifies the wif om of this government in, Dum non mitt
am centum folam con fultor urn vir or umy fed plur qu m trccentorum eleBorum
hominum^quali turner 0 olim Senatus Rom morum regebatur ^ if fa funt edit a t
and neer up n that number of 300. the major part of both Houfes falls
to be.

But you 1 fay, how if one or both Houfes be devided , and that into equall
foes, how then is tbt? oriimpte either one, or able to refolve ? I anfwer , de
imfojfibUibus nor -eft deib.ranAum, itnpotfiblcsar« not to be confultcd on , it
cannot be; for in f'uch a cafe of either Houies, equality of Votes their fevarall
Speakers have then, and not till then Votes to casl by.

But how yet doth it appcare, but that (at lead) this power of laft Refold
tion, is as <*rbi vary in the Houfes, as t would be in the King : I anfwer, it
cannot be denied nor avoided, but that as the Government (in the forme or
^qualification of it) was at firft an ad of the will> and fo Arbitrary^, fo it ftili re-
maining the fame it muftremainefome where arbitrary ftill , elic our fore-
fathers (hould not convey that fame government to us which they began,but
fhouid bind us in that wherein they were themfelves free: it is the privikdg
of Gods Laws onlic tobind unalterablie, now where fhouid the arbitrarines
of this facultie reflde for the States ufc,but where it was at firft in the confent
and rcafon of the Stat** which as (we have fcen) the Law places in the Votes
of Parliament, where this arbitrarincs allaied and ballanced by number y truftt
fel f inter £t~l)V& beft fecured from doing hurt ; in the naturall bodie the will
followes alwaies the laft dictate or reiblution of the mdcrftanding , and that,
fin this poliack bodiej being the wiidom of its great CounceJ, what fo fit
ask to give^di&at to what neceflarilic remains of will or arbiirartncs in this
faculty? the Rejolver himfclf acknowledges no lefle, when he iayes tfy King seft.j.
is t^ftc vtith their ty s that are of different \ydgment from him: But yet furchor
if ability and fidelity make up tue competency of a faculty to give Law, its
finallrv/fl&rw* by; why not then thcludgcs in the Checquer<h mber rather
then the Members in ParlLm. #f ?they for matter of 'ability are skill d, and for
matter of fid Htyf^orn, have more dexterity to ju ige and lefte liberty tp errc:
I anfwcrj for thur skills and oathi the Houfes may make ufc of both if they
pktf *: it was,tbc wifdom of this government, qoniidering mens aptneffe ra-

Q ther

ther to warpe after their inttrefittxAindt, then to be kept upright by their
skills and oaths, to truft it rather to many independent mens interest , then
a few dependent mens oaths, every dayes experience tells us that tnterepztz
better ftatefecurity then oaths, fpecially when thofe interefishzvc (aihere)
the command of thbfe oaths, to bind all that skill too to their iervice: befides,
as their interests with us tyc them more to do a right, fo our tie tltom of them
ty e us more to fufier what they do if not a right: becaufe,what thij do, »* do
in them.and fell" Vfrong is fcldom feK revenged. LaKly , if theirs be the final!
judgment whitish, then (a fortiori) much more when it is endangered,
and the ftatc in it? and what fitting nuants of prevention are to be uied.

'PROP. 3.

diencether^majVithgoodionfeitHet.tndtfcncoofthoKmg, Law, and
government bear and uft armit.

rpnis laftandcafting^/^>ofHg«nent*cn Cwe.fc^ ref,df ln*e

J- two Uoufes of Parliament, which are therefore called tfts great < Coun-

cell, not or the King only, but of the kingdom,and therefore by itiAftaani

their IdolUersUs hefpeaksOno:they arc not therein m thcmfelves MM*-,

bmtom«m<^:ourjudgments^not^4^

$r»JMmd fo.fubjeftcd to their decifions: our J«^^«g£

guided from either erring with them or differing from them , bu .bound up

Land/W^bytheirsfromgainc-Iayiugor refinance; here hen ( we

fee) is J Parliament Ttpacjztitt (astheDo<3or pleafes to delcant ) he

it him, or a gencrall C«w«tf either, yet we afcribe to a rightlie confuted
general! CoLe^apowerofbindingaU under., *™f™™Et
fturbancc to its decifions; and why fliould »afl%»" £f«* "^
/Whaveleffepowcrinit?ycafuither, why fliould we not, .£* we have
bound ourfelvesbyour choice an truft, externally *S*^**£%£.
sanations, fo) be enduced too, to believe their joynt HsP^ff^?
•BrfingleopJnions.'thereintelligenceandaflxlUnceis, (mall jikehc hood)

m eh better, I muft confeffe in the Militia Ordinance, my °V™T^Sl

rndanotherWthis,ortbatIx>rdsM^^^
havebinasweUcontmuedintheirrr^:butwhyft»ouldwcnotWeeve,we

HjayfoonerOTcthereinthenthey.'weknowourown, w« toownottheit

informatiens, difcevtrtes, re/fins* the Law is called mensfni apfetitu, a mini
without paffions, and the Law-makers fhould be (as nicer as may be) fo too,
the Far liament afpeaking Law, as the Law a filent Parliament , Law-makeri
fhould be (as tArislotle fpeaks ) rather **y>t then afyennt rather reafon then
men, and , (as he fpeaks) but ao^/ i^m at moft ; but pecces of quick and
walking reafon; every Member of Parliament, ( tis like J is not fuch, yet cer-
tainly if fome neighbour Members might personally hate this or that Lord,
upon particular entcrcourfe of wrongs, yet, no one Lord hath in alllikelic-
hood provoked the greater number of the Commons Houfe, and 'tis that
muftgotothedifplacinghimjorifheftiould, 'tis very much if the other
Houfe fhould jumpc withall them in fuch tperfonallhatvcd.

Well then, wee fee what power the Law, through our truft,gives the two
Houfes, and all, in order to the fafety of the King,Law and *SW*;Thcy judge
by the reafon of this State, and rule of this Law (both redding in them ) that
all three, King, Law, and kingdom, (in Laty, as we have heard before not fc-
parablc,) are not only imminently endangered, but actually invaded by an &4r*
my, e*tg*g*dby the adjudged forfeiture of their own lives , there rcmaines no
way in the higheftre/*/* ofthc States reafon to prefcrye thefe, and prevent
thofe from apparent mifchicf, but an army to withftand this other army ready
to advance, nay in a&uall attempts of hoftility; of whom (hould this army of
thej?*' * confift, but thofe who are endangered, nay ajfaultcd, yes affaulted,
and plundered too, nay murdered, before in any Parliament army there was fo
much as man lifted, all before were but Mufters, and manning or Forts , for
the kingdomes better defence againft Forraign dangers.

Well the cafetbusftanding, this great Centurion of the kingdom the Par- ^ifeattht ^
liament (for the King rcf ufing, we may now ( better then our forefathers) ^^7f/^
give that name to the Houfes) fayes unto one of this now neceflarily yet vo- p^ment roBs
luntarily lifted army too,go and he gees , to another come and he comes, to a tird catttd the Tar-
do this and he doth it; and wherein 1\ es now the uncenfcionablenefle of this liament & their
obedience? it is naturall all the faculties and members in the naturall body arc Wi*^5 9*
tothedefenceoftbewholccommandcdto their offices by the underftand* ^J'^JStf
ingslaft refult or dic7at;it is politic^, prevention is the right eye of policie, is there ulled '
recovery is but the left, the after game. What other authorise hath a SherifTor the Judgment jf
executioner to put a malcfa&or to death? but youl fay confeience mud have parliament d-
fome higher footing, 'tis Gods Accomptant, and muft have his warrant :and it thoHlh lt be *?
has that fully too; Firft, a warrant of Charity , in the fixth commandement, ^ly^ndlbf^
which not only forbids murder but commands the pre fervat ion of our own& j^ wpaity*
our neighbours lives. Secondly, of justice: Render toallVtkat is due , and wc toxi 3.7.
have fcen, that in cafe of the Kings refufall (already voted by the kingdoms
Reafon) the command of the kingdoms pMer (in order to its fafety ) 'tis its
C ounce lis due. C 2 Laft-

C>6)

lafilie,«f ohe&e nee, fubmit your j elves to every ordinance ofmito/indthatfer
s.penr i, tye LorjsfAj^9 Sayes S. Peter , we have feen it was the ordinance of man, the
firfl: men that introduced the government of this State, and now of the men
thatare*r^/V«^toadmini(tcr that government. Let every (oulebefubjcZhto the
JtoMtii. tigher powers ("faith S.Paul)znd that not for wrath bm canfcie nee fake, yjhlch

placcl (hallfurfkiently deer anon) befidcs David in his own defence ulcd an
iSan, 2 j. » 8- army, &f though againit the King)yet is laid toJ%k ihe Lords UrttelUx now
wehavefeen tfie Coordination of this bigheft power in this kingdom for its
betterfafety,& therin the entyrcnefle ft ill of its efficacy to its end,though enc
pan withdraw ;it the King ( efpeciaily now he has bound himfelf by Law
not to diflblvc this prefent Coordination ) he fhould be able legally to break
the Larpy then his government were utterly abfolutey or rather ablolutely im+
pojfible , and illegally he cannot, for the Law hath provided that as King he
can do no wrong, (I) nothing againft Law, becaufe he cannot, ( in that capa-
city ) be levered from his Parliament, and what they enact together is Law:
$o then the ho </es commands are i« this our cafe ads of the high SI poncr
to which the Apoftlc bids us to be//*£/# .

I do not lay if any Souldier in this Army of the King and Parliaments (Tor
wc fee legally fevered they cannot be.) do fight not fatisfied in his own con-
ftience, but that he fins, and that (as the Doctor urges io oftai)DaMnazly il
lay only, that he hath warrant enough for his confciencc if he apply it,& it he
do,the Doctors damnation is not that of the Apofl Us, but much what of the
natur-cof tha$ of the Damm es of theie times. And now thefe three Propo-
rtions being elected, the Anfwer to the lev v rail Sections of his Trcatife will
be bojh veryifhort and eafic. To anfwer that alibis arguments snd infhnces
againft refinance are mififtaned m&bfolutQ Monarchies, whereas this of ours
is mixt would fcrve the turne; however particularly thus. .

The fii ft Section containes little elfe then the laying down of the manner
of confeiences, difcourfe, by fuming to the Proportion granted , and fo con-
cluding:(mng that he the there tells us,that all his fellow Dh inesdeay to the
King an arbitrary Government :, and yet, in his rift Section he tells us too that
the chief poWer and firta/l judgment is tnsne, ad he that one: which what (1
pray^anaounts it lcffe to, then an Arbitrary Go vernmenti1 and he denies that
again too alrnoft the next Word,in his omnibus ordinibus regni confentietibus,
for what cojifc nt of all needs there if the.finall lodgement be in one f now that
(though the King in Pcrfon wkhduw)there are vinua\yynmnes or dines regni
fonfentienxesy'xt bath fufficiently appeared; and for his per/on , if that were
with them to^onfent or. dnTent eichcrjdouaclafle there would be no refiftance
qaadeatalh

The

(17)
The 1^. Se&ion begins with ccrtaine inftances of refinance, as that of tpe
people mbtjialfeof Jonathan, 'Ddvtds refinance, and EHfta's, but wee make
no ufc of them, need them nor, and therefore neeJ'notaniweri he Do5toisrc-
fu a;on of them, only (by the way) Davids refilhnce wa\ by an A1 my, and
what u(e of an Army unlefleitmay ffghta^aioi^as wel; asavoyd thedangcr^
befkles Jcis fiid chat (chough ^gaini> the KingJ he fought the bait Is of the Lord
(a* \ efore ) o.her mitances hee there h ith againli rtiiitance, but all \wftm\le i Sam. i ?. »8.
and ^bflute Monarchies, thole of the lewes avd Romans ; nothing Co our cafe :
©ill , ra ;e n< >tice by the way, that thole Monarchies were abfoln'e and arbitrary
not by conqxett, bu 6y conrent of the people, the J ewes dehred of God a King,
to be governed by, after the manner of the Nations (fayci the Texr) which was
arbitrarily fas the Doctor obfervesout of Jufti*) and thereupon is it tfcat God , ^w 8 .
by Samuel : e.U rlrcui what fuch a King n»^/^ ^o<? /# /^?w, not what he might do Scclio'n 4 . '
(as th> Doctor feemes to in Per reborn rhcplace;.^ And for Jirf^wMJi Empire, 1 &a#. 3.i 1.
its arbitrarinefi? was not introduced by cpnqusit, but by content of the Senat,
(how ever i: may be a ved thereto by Armes : ) and for that Title of fuccejfion
(he there fpeakes of) i: no way excludes confent > for it begins firft in the elecbon
and confent of the peopie^and virtually continue fo tfcll in the niutu ill bonds of
oathts b.tweene King and people, to goyerne and bee governed by La wes by
ihcm jojntly to be mad .

But the maine iubitancc of this Se&iom is a couple of Texts, tint of %om. 13.
and 1 Peter 2. Tothtfirft we eafily ahiwei ( if not writt.n particularly to the
%omattsi who were under an abfoluce Monarchy , and fo no more to concerne us
then the }u Jciall Law doth (i. ?• ) only in the generall equity or obedience)
yeefuppjie it referre to all government in genera5.! it nukes (is 'tis of:en a'led-
gedj alco gecher for us, it requires obedience to ordained power-, (i*e,) . legalt
commands not wl/fitll pleafiircs of Gover^our , row ours is ordained to be < 6-
ordinate and mixt, and relidcs in that part of it from which the other though
withdrawing in perfon cannot take it, and to which the Law in fuch a cafe
cleerely gives it, including (as we have ieene) in it virtually the other part too,
Who in his pohticke relation cannot be thence (as King) divided : the meaning
qf the place then mud be this ; The powers that be (/. e.ffoov fo eftabhflied by
confent of man, are ordained of God to be obeyed ; or it is Gods ordinance thac
men (hould live under fome government, zndfubmit without refiftance to that,
kinde or government they have by confent eflablifhtd, jaaft (as Saint Peter fot-
lo wes him) to the ordinance of man for the Lords fake ; when the Papifts pre£ > K
fed with this Text, aike us why wee, that are fo much forobecfience to higher
powers, doe not fubmit to tne Churches higheft highefi power in tfte Pope ? we
anfwer, 'tis a nfnrpt, not an ordained power, ulcus proteftatts, % tumor or weri,np
pare of the body, a pewer never eiiber confemed to by the body the whole

9 3 ChurJv.

(I*)

Church; or fubrti:uted by its Head C H %^I ST ?E SV S. There ate
two kindes (wee life to fay of tyranny* regiminis and ufurpationis ,that which
is onely of Government, though never foheavie yet muft be endured, net**
■}Vettt i. 1 8. I] to the good (iayes the Apoftle) but ths froward too, and therefore I kno W no
Sc& 6. man that defends the tenne Tribes revolt from T^hohotm as the Doctor infi-
nuacs. That other kind ofufurpation it hath no right, no ordination i at all, and to
no fub jecTion due to it : in all power ©f government Divinity tcls us there are
foure things, the inftitution, the con flit ution , the acquifition , and the */* ; the
two latter acquiption and */* are confeffed cobe often tinacs rather from^the
D'evill by bribery , blood , rapine and the like; the conflitmim alwayes from
mans confenty the inftitrttion alwayes from (}od9 fo that here is more than
Gods bare permiffion or approbation either (as the Doctor charges us to hold.^
here is in every ordained power as well Gods inflitution of it, and tnjan&ion o£
obedience to it, as mans conflitution of it : That there be a Government, 'tis
of God, what this government mall bey whether CMonarchj or sAriftocracy :
or if LMonarchy% whether fimplc and meerely Subordinate, or mixt and coor-
dinate .? 'tis of man, fo then, Let every foule befubjeel to the higher power ■/, for
the powers that beware ordained of God, (#. e.) therefore let every loule be fubj c&
topowers (not wills) becaufe Gods providence hath inflituted them^andyS fub-
jedi as mans conient hath confiituted them, : now we have-fufficiently fcene by
the eonfiitntion of the power or government of this kingdony he Law ("as the
rule} is put into the hands of the two Houfes of Parliament by their Votes, (as
it* sreafon)whmn wc muft reft,tobt applyed to its end.thcfafty of K. & State,

I wonder therefore the Doflor (hould fo much iniift on this Text, for if he
cannot prove (what he indeed deny es) the government to be abfolutey and foly
in the King, he cannot henci. enforce obedience to h\$ per [onal I commands.

The next text is that of I Pet. 2 . Submit to every ordinance of man ,vj\\txe\n
the Dr. hath efpied a double advantage^ one from the Grceke word cLvfywrw*
which rather fignifies humane then of man> fo that it is called humane (e. e.) in
or on man fas he would have ic)as only the fubjeel of it, not any way the canfe :
ids ftrange a Dodor oFDivinity fhould trifle thus with Scrp:ure,and as Shoo-
makers doe with their Leather, with his teeth ftretch it thus to his Laft, doth
ho not a few lines after acknowledge (to ufe his owne words) that the forme,
whether Monarchy , or Ariflocracy and qualifications of either forme (j. e%) if
Monarchy, whether ai>fo!utc or tempered, arc not juredivino, whattben ? not
jure diabolico fiire,it muft be humano then, and in jus humanum, as 'tis oppofed
todtvinumymznCuvc is the caufe and Author, and not the fub }& only,nay why
Aould the word humane b - there at all,but as contradiftincl: to what fohowv s,
for Gods fake ? why unleife to make the fence this? that although Ait ordinance
er gpvernmentjin the manner of its conflitution be from man, yet becaute in die
neceffityof its inflitution 'tis from God^iubmit to it though of man for the Lords
fake.

His

(19)

His other advantage is in the words fuprena and /*« Jythe King as fupreme]
and fuchasarefent^i. e.) (lay.shcc) the ^Parliament : but the Par liamenc is
ca/l'd, not pent, a difference (at leaft) as great as bet weene too and f em ; but
wee have already lecnehowtheKingislupreame, not fasthofeor S.Peters
times J abfolutely fo,but in his mixture and coordination with his Parliament,irt
which every fub je6t is a fubjccT: ftfl (as the Dj&or urgesjbut the whole 'dcoordi?
nate part with him in thj fupreame, othcrwife they couli no;: hinder him from
making \a wes, nor finally declare Law withojt him, the two higheft a6h of
Supreame power.

The third Section efpecblty containes two other texts of Scripture, ths fTrfl:
ofProv 8.1?. "By me Kings Reign*. Ianf'wer, tisfpokenof and by Wifdame,
and doth fhee no: as wdl fay (as follow es ) by mee NobUs and Senators
decree Judgment ? what is here laid more of Kings Reignes, then of Parlia-
ments Decrees, they jflnculd both be guided by Wifdomet that is all the place
willbearc.

The fecond place is that Tfal.Si. 6. Ilavefaidyee a7e Gods $ and doth hee
not there too (when he fpeakes it J ftand in the Congregation of the Judges fas
the text fpeakes) reproving fuch as judge uniuftly, and accept theperfons of the
wicked, ail Rulers tttCjods alike, (i.e.) Gods fubslitutes and repreftntatives
fewa ds men, upon whom hce derives lorne of his power and authority $ detfa
not the word of Cod come to them all alike (i. e.) as it followes in the Doctors
own words, acommiffion for the fetting up of a governing power, whereof the
manner of its conftuution, hce hiaofclfe before confeltes to be from the peo-
ple, not God; did not this word come to Pi/at, as well as to fofar: ^Pitaf
had not his power but from above, (as our Satiour tells him,) as well as
then) the Do&or fpeakes of; I wonder touch not mine Anointed comes not
in among the reft? (as ufually it doth) a Text plainely fpoken to #«*£/ of j0jjn _
God* people, not to the people of K I N G S; they were (fayes the Vt- Pfcjmc 7oj,it
ry Text) Kings -whom %e reproved for their fakes , faying touch not mine %/in~
minted.

What remaines in this Section, tis nothing elfe but a jeering the funda-
mental! lawes of this kingdome, fo ofren mentioned by the Parliament, Homwertbe
which what they are I have before (hewed, not as the Do&or would have it Dc^r # decei*
the lame with thdfe of France, Turkie and all other kingdome s, bur proper to v€d m that9f
coordinate and mixt ones, and efpccially this. hTlZfmixt"

The fourth Section is fpent upon a confutation of any power in the peo- ^rnemmt%[l
pie to reaffumt the power they fir ft be tufted to the Kingt the which no roam < hanged oney h
(for ought I know) maintaincs, what new d the pr epic rcaffume that which in u[w$rim.
the firft foaiition of the Govcrnemlnt they referved (as hath appeared be-
fore,

m

10.

Go)

The fifth' Section. Here, wee have nothing but flrange involution*? of the
macter, and imanglingsof the Reader, moft whatinc ■ wfiftentas wcl Us im-
pertinent, one while the fiate hath me fines of prefer vat ton fnch as the Law pre-
scribes, and yec not twentie lines after, wee cannot expeil abfo lute meanes of
fafetj in a fiate, meanes cF prefeivacion, buc no: abfolutc fafety ; it it bee pre-
ferred, qucftionletfe as abiblutely prclerved, dubiam faluicm qui dat tjjUclx,
negat, he that gives not abfclite iafesy gives none, againe this chief e power
and final] j udgement (he fries) mxfi be in one9 icarce twelve lines after but 7>ar-
lUments (hee fayes ) are the only remedy for the difiempers of the Kingdome
Parliament is the only remedy and yet the W7 judgement is in the King.

And yet againe he tells us in the Tame SectioL, ttat that only judgement too
of the Kings U to fee with their eyes that are of different judgem nt from him.
What rcmaines in this Section is a eiame begging of thi^quefiions hee would
fame have us to maintaine.

rirft, thacevery irate whether refervmg it or no, hath thi« meanes of fafety
by re/itfance, and to this purpofe cl\ it of the Church is obje&ed : a State iruH&d,
but neither ctvillnoxot it&oxvnconfiitution, this ihte Chrift the head did not
only infiitute but eoxftttute it too, and that without any concurrence of its own
confent. Then the Civilians in Tertttliians time are obje<fteds as if they were
am/i//diftin6T. fiate from che Romans , m which they lived, or the %oman other
then an abfolute Monarchic by confent of the Senat (a.s before.)

Aileond queition begg'd 15, that in cafe the King and Parliaments fhonUnem
ther dfcharge their trufi, the people might rife an A mak* re fi * fiance again ft both
a portion which no man (I know) maintained, the Parliaments, is thepeopl.s
owne confent, which once pafled tlvjy cannot revoke ; l\ec Hill purities his owne
dreame of the peoples resuming power, whereas wee acknow ledge no power
I^T* j * * can ^€ imp'oyed buc what is rejerved, and the people have referved no power in
pUmtothT themfelves from themfelves in Parliament.

Honfeofcom* This groundletfe preaflummg afpertion tf the people reatfumhg power I

mm andrefoln- wonder the Doctor fo much infills on it : There is indeed a late fawcie Scurri-
tiwpalpnvfj&c \ou% |_>a(quill that hath brokeaprifun out of the Gate-houie from a company of
Delinquents there (and tiomarvaile if iuch would reaflbme all Pj'hamentary
power) by tlierefoMng Title it (hould bee a Iouroy man ot the fame Trade to
this of the Do&ors: where after many ihlemahuouiflanuers on tlje Parlia-
ments proceedings, dtiprovd long fines fcy almoft ptfery mans e>p^nence,as well
as feverall Declarations, all todifable the Parliament from th king-omes urgent
preservation by any way that ) he written Lawes piefcribe nor, ( as if the Cir*
cumitanees and exigences of publike action^ ©f this fort did not (:ibovc written

Lawe*,;

00

laws) warrant and even clement their juftneffe) thferiving Bedlam (I fay)

broke loofc without a Keeper, (defcrving (as it profess to defire) no anfwer,

oncof Vu/cans forgcl conkfe were belt, fire or fitters) threatens *£<? Peoples Thc Title of

reatfuminf tie entrufted power of 7cP*r liament, and \v\th Salomons h>o\, 'Pro. 26. chc Beokc if

18.) throwing about him arrowes and fire-brands and death ; complaining and A Complaint

threatning both (i

tion, to lay

wife for oughi

on of the Houfc of Loretto, a meereCalile in thc ayr of the Doctors brain.

The 3d. qucftion in this SeBion beg*d is ; that we hold thc caufe may war-
rant arefiftance, and here we are told what thc Primitive Chiiiians iutfered
Without r fiftance : and that the Netherlands had greater caufe then we to
make refiftance, a contrary Religion was ui ged on them, whereas wc have 0#r.f
ftill ottered us ; no, we hold not what ever cruelty can be fotfered caufe enough
to make refiftance, 'tis not the caufe, 'tis the covftituthn of the gcvernement,
referving in its coordination a power of refiftance, in oi.lcr to its prefirvation : o-
therwifc were this anaifolute Monarchy, fhould the King alone, or ( LS it is ) * -
{hould King and Parliament enjoyn us all to deny Chritt. and worihip the Smr
we were (chough never fo able) not to make any refinance but by iuffrring ;
the caufe cannot alter the caft here, 'tis the conftitution muft doc it : and yet, if
his Maj-fty mighr (in cafe diRelgion) helpe the Rochellcrs to rdilt their King \
in an abfotute Monarchy , why much more might not the Parliament in
this.

Thefixthi'd'^wcontaineS in fabftance three bitter invecTiyes, nSarpned I
believe at the Philiftmesfir^e (the Dodor fpeaks of) fir they defie the hoft of
Ifrael.

The firft cals the Parliament, a prevailing faBion ofafiyv. Is the reprefenmtive
*$ody of the Ivingdome become but a prevailing faBion ? and how a FaBion, if
prevailing, though never fo firv, 'tis thc tnaior part prcvailes, and fo prevailing
is the body, and can the Bod) make a FaBion or Schifinetroai itfelje ; if many
of the Members with-draw, the more fault theirs, and faame too, to defcrt
their truft: TheLawandrcafonbothtelsus, That no wan can take advantage
by hU ovone default*, fo,a!l Parliaments and their Ads too3how eafily might they
be eluded /Certainly what is punijhable is net pleadable, and (/romp ton (we fee) jur:ofCo!rts
cites the Bifhop ol : JVint on s cafe herein, who was arrahned in the Kings foi;?. b.
'Bench, for that he came to the Parliament and departed without its licence.

T he fecond invective is againft the Parliaments hoftile manner of proceeding
in this their warrc, Hu Maiefij hath alwajes been (he fayes ) upon the definfive
party queftionlcffe he is upon the ofenfivepart by whom the 0 fence comes, and
that is that part in this coordinate government (that in cafe of fucfa danger ) re-
futes to doe his part, and rcfifts the other from making fupply : Surely the Do*
diors Almanacke (he fpeaks of) is an Srra Tater, for untill his Majefty had
hoftily cntrcd the Commons Houfe, with the attendance of his lifted Souldic-

D ry;

(it)

ty ; they had fcarcc fo much as a voluntary guard, and when they had one/f was

not a guard on the Members fa feties, 'twas rather on thzfifay of their late All

* Ordmtuily againft dilution fax* if atany time that Houfc fhould have bin by force but

ir is unUsti-nt l-.cpr one balfe dsy out of the place, where they had the day before appointed

Aamighcpoi- their next meeting, ir had bin utterly dijfolved : fines- then, the manning of

fi^ypicvcmic Bully and (after his Ma jeOy h?A in the wunecfa guard, raifed an Army to

take it from the Parliaments trufl) Six John Hot hams humble declining His Ma-

j^fties entrance, but untill he fhould ncqmint the Parliament in discharge of

his trufl ; what Hoftilitics Were theft ? The fctling the (JMUitia by Ordinance

(HisMajefty having refufed it) in order to his and his Kingdoms? defence

( where note that the Statute of 1 1 . Henry j ct I . which charges all the Kings

Subjects with his and the Lands d? fence > makes the rule of that defence to be

i according to the duty of their Allegiance, and that binds them to doe their duty

| whether accepted or no, and what hflility in all this r fincethen, look down

through the fieges of Warwick, Coventry, Banbury, mils, Manchefler&c e-

ven to Keynton, and what other rehftance then defenfve has the Parliament

, made ? and even there too his Ma jetty was but followed with a Petition ( as

Scotlavdhzd fucceflefully done before,) untill he was pleafed to turn back up*

on them and give fire.

The third inveeTive in this Section, is againft its diftruft of the reality of his
Majefties P rot eft at ions y to continue Religion, Lawesxid Liberties ,&c. To this,
all that I have to fay is, that be his Cfrlaiefties Protcftttions never fo reall and
hearty, yet if there be in the Parliaments power a flirer bottome to fet thefe on,
then the raoft real! purpofes and proteflations of a mortaflman they difchargc not
their trufl if they do it not : J know his Maj :{ty(befides his conftant and fixed
goodnes of difpofition)hath more and (Iron zer ties upon him ofhoneur, haz.tr d9
truflythen any :1s wheev:r;but all men mult follow their principles,wch in mo-
rals will and muft vary with the laft rifults of their judgements, and even thofs
in creatures that know not by intelligence as Angels, but difcourfe as men, arc
things that upon further light murt vary too ; the Law as we obferved before
js mens fine appetitu a .better bottom* for government to ft and on, then the mod
constant Rejolmion or Protestation .ha ' ever meer man made, berutes his Maj:-
fly difpences bur by his M milters., and then his Trstettmons rife to no more
therr this, That hs^ill govern? w by (u h Lawes and Cannons M his Judges and
BifhopsWili by their interpretations ft us With.

The 7 J ellion ccntaines lirtie more then a fitting on the fame charges with
more bitter n*f«y Calling the V'arliavuxts D ec/arations wicked Pamphlets, fa/fe,
odious, fcandalous imputations of ' thU giddy age, &c. wherin both his virulence
and impotence at once appewes ; in that ( he 1 ayes) he Will With Michael ufe m
raylingaccupjions on tlx> Parliament, and yet ufes the mod: raykng and accuftng
one of all other, in likening them ss he doth f therein) to the Devill thz Arch-
ruyhr and aceffhr both ; if he looks but a little further then the pi ice he .above
urged m the Apofik Peter, he will tell them who they be that are thuzprefimp-

tuous^

(*3)

tusus and do sfieake will of Dignities, and that Michael did not ft.

For thcfe empty (cares and jealoufies ( ashee calls them) -pounded on r*- ' PetA1#<
torts of firraigne power and preparations, the Qyenes Religion, the great refer t of
pafiftsto ku Majefty, h 'is mcrcepting Ireland* relief }&c% I have no more to
fjytothefe, then, tfcat&r tbe-frrft « abandons caut*lanonnocety State jjalou-
fic it has no right-hand error, -none on the exc*jfe{]dcy us cxtention intend* it,
the more the better, an Enemy is met any where better then within our owns
doores; Befides, iftorraignc States have (poiiibly) with their engagements
altered their defignes, pay we condemne the vigiuncy of ours th.it ( may be)
was it that diverted thofe defignes from us ; no- are thofe *7Wr yet fo farr«
bio wnc over us (as the Doctor would have it) for ought I fie they grow
blacker (till

2. For the Queens Religion it was as Wrf hnovpne (as he fpeab) before as
now, but (may be) lrnfopftly/^af, asiincewe he arc offo many Priefts
wdjefuiteskt out of pnfons at back doors, of Topes Nuncio's and onlrs
<jf Fryers in England, cfpecially now, when we fee a Popi h Army raifed in
their -defence, when the enemies of our State have armei the eaemicf of our
Church againft both.

3. Fortherefort of Papifls to his Maiefy, wham the Doctor calsfuch good
Subiefts, fo much better then the "Parliament : all that I will fay is, that iffuch
arc.bccomcthoiT«rjp'fow<rr.i?*^fl/, God help him, he hath but a few good
ones Left ; what ? fuch as profeffe to owe a greater fibietlion to aforraine State,
and a State, not only utterly croffc centered in its intercft of State, but merito-
rioully malicious by its very Articles of Faith to this of his Majeilics, thsfe
better Subietts than thofe of hk great Councell} How Will Rome ring of this
fijfrrage from the mouth of & rproteftantT>otlcr} And yet why not the bed Sub-
ictls, if we miy j rigeby their ufagc ? for of all forts of men we heare not one
of them by his Majcfties Armjz plundrsdyct ; fire there is fovazfffvvendnt^ thefe
t^gyptUtis doors are sfrink/ed with fame what epjeftionleffe, they enjoy this
Taf cover fo folemnly .

Laftly* for r^ interception of Ireland s reliefs if all the reft that was taken, was-
the Kings,becaufe the Kingdoms(at lead the poor Carriers horfes were his own
proper goods : Neceffity is the excufc of ail, but if in a mans choke, it is no w-
^j^'J 'r s^s *DC defi4:ionof\t is, <?W aliterfe Inhere non pot eft , (i.jihat can no
other wife ts€ ; w ;.il, neceffnj impleaded yet, but on o.>\h fidesy 1 pray God it
be net (hortly on backs and bellies too. I fhall only add this fh?rt 7Jray}r, and
wi'h my very foule I {peak it y(jod lie ffe the King and fend hs pace ,md if r m .ft
rot be untill tw/i? have prevailed,I pray God if may be th&X fide that loves the
X*W beft.

A*PoftJcript, Or (hotter Anfwi.

IF any man lift not to read all this that hath bin^ here fay'd in Anfwer to the
Doftars Treatife, andyct would fainc be fatisticd, thefc few enfuing lines
of the Do&srs pwn difcourfe, may fervc his turns, npt only to Anfwer what
he hath faid, but what can be faid in this Subject.

The King is in this Monarchy to govcrne by Law, not arbitrarily, 'tis in his
government by Law then, not his arbitrary or Peffonall Commands that he is
the higheft power, a Sinjeft then may lawfully refill his pcrionall commands
and yet relift no higheft power. Next

The King in judging what is Law,is to fee with others eyes tho' of different
judgement from him ( fo the Doftor ) but thofe eyes of higheft judgement
muft needs be the eyes jof bis higheft Counccll, he then that rcfifts the judge-
ment of this higheft Councell, refiiisthe'Law, andfo the higheft Power; it
muft be the fame Law that makes the higheft power, that makes us either Sub-
jects in obeying it, or Jblebeils in refilling it*

FI^(\I S.

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